Tenancy Wasn't Reinstated

June 30, 1997

LVT Number: 11627

The Bronx district attorney sued to evict tenant for illegal narcotics dealing in his apartment. The court ruled for the D.A. Landlord, NYCHA, later sued tenant for nonpayment and accepted rent from tenant under a court-ordered formal agreement of settlement. Tenant then claimed that landlord had revived his tenancy by accepting the rent payment. The court ruled against tenant, and tenant appealed. The appeals court ruled against tenant. The D.A. and NYCHA are separate entities, and the D.A. wasn't tenant's landlord.

The Bronx district attorney sued to evict tenant for illegal narcotics dealing in his apartment. The court ruled for the D.A. Landlord, NYCHA, later sued tenant for nonpayment and accepted rent from tenant under a court-ordered formal agreement of settlement. Tenant then claimed that landlord had revived his tenancy by accepting the rent payment. The court ruled against tenant, and tenant appealed. The appeals court ruled against tenant. The D.A. and NYCHA are separate entities, and the D.A. wasn't tenant's landlord. Landlord's nonpayment proceeding didn't affect the validity of the eviction order gotten by the D.A. under RPL section 715. Allowing the nonpayment proceeding to reinstate tenant would be against the public policy designed to rid buildings of drug dealers.

Bronx District Attorney v. Jackson: NYLJ, p. 25, col. 2 (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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